Question about AP documentation

[imhrb 0]

I am applying for AP; I have filed a marriage-based 485 and am in the US. On the instructions it says that I must submit "A copy of any document issued to you by USCIS showing your present status in the United States;" and also "If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application;". What could be a document issued by USCIS showing my present status? Would a work permit be ok? Or what?

[dj1206 0]

If you are filing for AP separately from the I-485, you need to submit your NOA1 for the I-485 proving that you submitted for Adjustment of Status. If you have not received the NOA1 (I-797C) yet, you should wait to receive it. You may or may not have to pay the fee, too, but I'd call the USCIS to make sure. Documentation showing your status in the USA would be the I-94 form that should be in your passport. Copy both sides of this. It will or should indicate what type of Visa you are here on (K1, K3, other), and if there is a 90 day work authorization stamp, it would also be on this (on the reverse side). For AP, don't forget to also provide a letter or something explaining or justifying reason or cause for the USCIS to approve your AP document. It wouldn't hurt to submit at least the biographic page of the immigrant's passport, the 2x2 passport style photos of the immigrant, and the other documentation that is recommended in the Guides section of this site for AOS/EAD/AP. Hope this helps.

D

PS- I also included a photocopy of the front and back of my wife's NOA2 with this, and a copy of her visa in her passport.

Edited June 12, 2008 by dj1206

[FaustInAK 1]

If you are filing for AP separately from the I-485, you need to submit your NOA1 for the I-485 proving that you submitted for Adjustment of Status. If you have not received the NOA1 (I-797C) yet, you should wait to receive it. You may or may not have to pay the fee, too, but I'd call the USCIS to make sure. Documentation showing your status in the USA would be the I-94 form that should be in your passport. Copy both sides of this. It will or should indicate what type of Visa you are here on (K1, K3, other), and if there is a 90 day work authorization stamp, it would also be on this (on the reverse side). For AP, don't forget to also provide a letter or something explaining or justifying reason or cause for the USCIS to approve your AP document. It wouldn't hurt to submit at least the biographic page of the immigrant's passport, the 2x2 passport style photos of the immigrant, and the other documentation that is recommended in the Guides section of this site for AOS/EAD/AP. Hope this helps.

D

PS- I also included a photocopy of the front and back of my wife's NOA2 with this, and a copy of her visa in her passport.

Hello, in case you apply for AP at the same time than AOS and EAD, then it is ok not to provide any NOA1 as you don't have any, right? Or can't you apply for all that at the same time??

Another question just for you. I am curious why you did wait so much time after your wedding to apply for AOS? Are there specific docs that need to be included in the application and that take a long time to get after the marriage? I say that because I'd hope to appl y to AOS/AP/EAD right after my fiance and I get married... Thanks...

Faustine

[RaTBoX 1]

Hello, in case you apply for AP at the same time than AOS and EAD, then it is ok not to provide any NOA1 as you don't have any, right? Or can't you apply for all that at the same time??

Another question just for you. I am curious why you did wait so much time after your wedding to apply for AOS? Are there specific docs that need to be included in the application and that take a long time to get after the marriage? I say that because I'd hope to appl y to AOS/AP/EAD right after my fiance and I get married... Thanks...

Faustine

Yes, if you apply for AoS/EAD/AP at the same time, you don't need to submit any extra proof that you are submitting AP in conjunction with an AoS application, because there application is in the same package.

There is no rule on how soon after marriage you need to file AoS. People wait different lengths of time for different reasons. Once you have all the documents you need to submit your AoS application, then go ahead and submit your application when it's good for you. The document people can end up waiting for is a copy of the marriage certificate.